Eubanks, Norman F
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LAST WILL AND TESTAMENT
I, NORMAN F. EUBANKS, residing at 3S3Colonial Court,
Dunedin, County of Pinellas, State of Florida, do hereby make,
publish and declare this to be my LAST WILL AND TESTAMENT,
hereby revoking all Wills and Codicils which I have heretofore
made.
FIRST:
All proceeds of life, insurance payable to my Personal
Representative on account of my death shall be used to pay debts,
claims, taxes, costs of administration, and other proper charges
against my estate. Any remaining proceeds shall be distributed
as a part of the residue of my estate.
SECOND:
I give and devise items of my tangible personal property
to those persons designated in a separate writing, signed by me
and in existence at the time of my death, which describes said
items of property and the beneficiaries with reasonable certainty.
THIRD:
I give, devise and bequeath all of the rest, residue
and remainder of my estate, of whatsoever kind and nature, and
wheresoever it may be situated, to my friend, RICHARD E. TIEDE,
residing at 1929 Oro Court, Clearwater, Florida, IN TRUST, NEVER-
THELESS, for the following uses and benefits:
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A. Said residue s~all be used to establish the principal
of the EUBANKS FAMILY TRUST. The Trustee shall manage said fund,
anddistribute the income and principal ther~of in the following
manner:
1. Net incdme from said Trust Fund shall be paid to my
daughter, KAREN EUBANKS, presently residing at 1929,Oro Court,
Clearwater, Florida, in at least quarterly installments. The
Trustee is further authorized and directed, from time to time, if
as and when necessary, in his sole discretion, to pay sums from
the principal of said Fund as required ,to maintain my daughter
in good health and comfort, taking into consideration the standard
of living to which she was accustomed at the time of my death,
and all sources of income availab~eto my daughter and known to
the Trustee~ and to provide my daughter with college, professional
or technical training and education, if she so desires, so long
as she attends an accredited institution and maintains passing
grades therein.
2. The EUBANKS FAMILY TRUST shall be terminated upon
Karen Eubank's attainment of her twenty-fifth birthday, and the
principal and any accumulated income thereon shall be distributed
to the said Karen Eubanks.
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3. In the event that Karen Eubanks shall die prior
to attaining her twenty-fifth birthday, the EUBANKS FAMILY TRUST
shall be terminated upon her death, and the principal and any
accumulated income therefrom shall be distributed to my friends,
RICHARD E. TIEDE, and his wife, GLORIA TIEDE, in equal shares,
share and share alike. It is my intention herein not to devise
any part of my estate to any possible issue of my daughter,
Karen Eubanks.
B. The Trustee and his successors arid assigns serving
ln his stead shall have all of the powers and protections granted
to Trustees by statute, including,but not limited to, the Prudent
Man Rule, the Uniform Principal and Income Law, and the Uniform
Trust Administration Law. The current provisions of Florida
Statutes Sections 738.07 and 738.12 are hereby waived, as well
as any subsequent statutes dealing with the same subject matter.
C. As compensation for his services, the Trustee shall
receive fair and reasonable compensation based upon the amount
of the principal of said Trust Fund, time expended by him and any
unusual steps or procedures required in the administration of the
Trust. Such compensation may be charged to principal or to income
or partly to each in the sole discretion of the Trustee.
FOURTH:
I hereby nominate, constitute and appoint my friend,
RICHARD E. TIEDE, as my Personal Representative, and request that
he be permitted to serve without official bond or surety thereon.
In the event that Richard E. Tiede shall pr~decease me, or for
any reason whatsoever shall be unable to act on my behalf, then
in such event I nominate,constitute and appoint my friend, GLORIA
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TIEDE, presently ~esiding at 1929 Oro Court, Clearwater, Florida,
as my Personal Representative, and request that she 'be permitted
to serve without official bond or surety thereon. In the event
that Gloria Tiede too shall ptedecease me or for any reason what-
soever shall be unable to act on my behalf, then I nominate,
constitute and appoint my attorney, ALBERT E. CRISPELL, JR.,
presently residing at 970 45th Avenue NorthEast\St. Petersburg,
Florida, as my Personal Representative.
'FTFTH: .!li"';,1
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I hereby authori ze and empower my Per'sonal Representative,
in his or her discretion, for the purpose of paying taxes, claims
and the costs of administration, management of the property,
making distributions, and for every other proper purpose, to
retain, sell, invest, reinvest, pledge, mortgage, transfer and
convey the whole or any part of my estate not specifically
devised to an individual by my separate writing.
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IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this my Last Will and Testament, consisting of three
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pages, each signed by me, in the City of Clearwater, Florida,
this ~J day of November, 1981.
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Signed, sealed, published and declared by the above-
named Testator, NOID,ffiN F. EUBANKS, to be his Last Will and
Testament in the presence of all of us at one time, and at the
same time we, at his request and in his presence and in the
presence of each other, have hereunto subscribed our names as
witnesses, and do hereby attest to the sound and disposing mind
of the said Testator, and to the performance of the aforesaid
acts of execution, in the City of Clearwater, Florida, this ~..J
day of November, 1981.
C;ZCfia~y
1f?~.}i~_.
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(Address 1Jc.J... _/ FCC( ..
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State of Florida
County of Pinellas
We. Norman F. Eubanks, as Tes ta tor, and~u J /L, /~;::;" r-e
and Bel/erA, '(f:4ust,.~, as Witnesses , respectively, whose names
aresigne~to the attached and foregoing lnstrument, belng duly
sworn, have declared to the undersigned officer that the Testator
signed said instrument as his Last Will in the presence of both
of the witnesses, and that the witnesses signed said instrument
in the presence of the Testator and in the presence of each other.
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(""'"""'Norman F. , an s, estator
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OW"i tness,
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Subscribed and sworn to before me in the State and
County last aforesaid this J...3 da)! of Novemb , 1981.
My commission expires
._.'C $T4TE Of FLORIDA AT I.A~
___MiSSION EXPIRES JA.N. 28 1982
i ....... GNlAL INS. \JNDlRWRI TEiS
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